Intellectual Property Litigation

Clients ranging from innovative start-ups to major global companies regularly call on Cravath to lead intellectual property matters of the highest complexity and business significance. Our attorneys bring to the table not only “incredible IP and policy knowledge,” but also outside‑the‑box thinking, courtroom credibility and masterful trial advocacy in all aspects of high‑stakes intellectual property litigation. (Chambers USA) Cravath’s litigators are adept at handling a wide variety of disputes involving patents, copyrights, trade secrets and trademarks, as well as the commercial litigation that frequently arises from these matters, such as antitrust and breach of license claims. We bring to each case a trial lawyer’s courtroom perspective and deep trial experience, which distinguishes us from many firms that may be intellectual property specialists but do not try cases on a regular basis.

Our team also supervises and coordinates intellectual property disputes that span the globe and regularly advises on national and worldwide intellectual property strategy, earning praise for our “ability to orchestrate litigation pretty much anywhere in the world.” (Chambers USA)

Patent

Cravath has handled patent litigation since the nineteenth century, and we continue to be at the forefront of the field, tackling today’s most “brain‑bendingly complex must‑win company suits.” (IAM Patent 1000) We regularly work with cutting‑edge pharmaceutical, medical device and technology companies in highly contested patent litigation that goes to the heart of our clients’ businesses. Notably, we have significant experience taking patent cases to trial, particularly in the biotechnology area, and litigated one of the first cases to proceed under the Biologics Price Competition and Innovation Act.

Cravath has received first‑tier rankings in patent litigation in the Best Lawyers survey of the best law firms in the United States, has been recognized for patent litigation by LMG Life Sciences and Intellectual Asset Management, and was previously named among Patexia Insight’s Top Inter Partes Review Firms. The Legal 500 US has credited the Firm’s “superb trial lawyers with a long track record in dealing with complex patent litigation,” and noted that “when stakes are high in a patent case, Cravath is the team to engage.”

Copyright

Cravath has extensive experience representing content owners, content distributors and others in prosecuting and defending copyright infringement claims, including in landmark actions that shape the law’s development. We have established important precedent impacting copyright-heavy industries, such as film, television, music and digital media, and recently won a U.S. Supreme Court decision holding that the Copyright Act permits damages recovery for any timely filed infringement claim, regardless of when the infringement occurred. A victory for all creators of copyrightable works, the ruling resolved a critical issue that had divided the federal appellate courts. In addition to our active litigation practice, we routinely advise clients on a variety of copyright issues, including those related to the Digital Millennium Copyright Act, renewal rights issues, digital media and other new and emerging technologies. We also regularly advise on potential copyright and other contractual issues in programming, recording and publishing contracts.

Trade Secrets

The breadth and depth of Cravath’s litigation expertise is invaluable in prosecuting (or defending) claims involving trade secrets. The Legal 500 US noted Cravath’s particular strength “in bringing complex, high‑value trade secret disputes to trial on behalf of plaintiffs in the insurance, finance and technology sectors, and defending them against claims,” as well as the Firm’s “considerable track record advising various parties on strategies to avoid trade secrets disputes.” Cravath also possesses substantial experience in investigating potential or suspected misuse or misappropriation of trade secrets. The Firm frequently advises clients on methods of protecting proprietary information, including confidentiality and noncompetition agreements with employees, and conducts due diligence with respect to unpatented proprietary information in connection with mergers and acquisitions and other transactions.

Trademark and Trade Dress

Cravath advises and represents clients on a wide range of issues arising under the trademark laws. We have defended clients against allegations of trademark infringement and trademark dilution, as well as against related claims of unfair competition and breach of trademark licensing agreements. We also have brought claims and counterclaims to enforce important trademark rights. 

Recognition

Named New York Law Journal’s “Litigation Department of the Year” three times in the past six years, most recently in 2024, and a Law360 “Firm of the Year” in 2024 and 2021, Cravath’s IP team has been ranked as a leading or top‑tier firm in the intellectual property space by Benchmark Litigation, Chambers USA, Chambers Global, IAM Patent 1000, LMG Life Sciences, The Legal 500 US and Best Lawyers Best Law Firms. In addition, we have earned repeated praise from clients and the market, including:

• “Cravath’s IP team is one of the very best I’ve ever worked with. Their command of the law around the world and their impressively written briefs and other advocacy documents set them apart and helped secure major wins in high‑profile matters for us.” Client, The Legal 500 US
• “When you need the best of the best for the highest‑priority patent deals and disputes, Cravath is at the top of a very short list of firms.” IAM Patent 1000
• “[Cravath’s] trial and transactional lawyers draw on incredibly broad legal, strategic and mercantile horizons to devise creative solutions to the problems that keep in‑house counsel and business leaders awake at night.” IAM Patent 1000
• “They just seem to be one step ahead of the other side and strategic; it’s very impressive.” Client, Chambers USA
• “Cravath is a repository of trust for global innovators when there are tough, multi‑threaded patent, antitrust and licensing disputes to be fought or seismic deals to be signed, sealed and delivered.” IAM Patent 1000
• Cravath possesses “an all-around IP capability, and its patent litigation offering comes in for special praise.” Chambers USA
• “[T]hey have a gift for simplifying seemingly complex issues and crafting a path to a successful solution.” Client, The Legal 500 US
• “Pound for pound, Cravath consistently outpunches others in the high‑technology and pharmaceutical litigation spaces.” IAM Patent 1000
• Cravath “offers superb trial skills – its lawyers are supremely comfortable arguing the most complex and valuable IP cases before juries. It is favoured for its strategic and tactical acumen, which places clients on the front foot well before disputes even go to trial.” IAM Patent 1000